Who is a khunthā mushkil
A khunthā mushkil is a person whose sex cannot be told from the body. Sex is first judged by urination (al-Ikhtiyār 3/38); if the person urinates from the male organ, or a clear sign appears at adulthood such as a beard, menses or pregnancy, the sex is known and the ordinary rules apply (al-Mughnī 6/336-337). These methods are only for an heir whose sex stays unclear and whose share differs between male and female.
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School of law
Who passed away?
Who survives them?
Do not count the intersex heir among the heirs; choose their place below.
Wife up to four الزَّوجة
Son الابن
Daughter البنت
Son's son grandson ابن الابن
Son's daughter granddaughter بنت الابن
Father الأب
Mother الأم
The intersex heir is a
Each possibility, solved in full
The estate is divided once for each possibility. Every share is of the whole estate.
| Heir | Counted male Base 1 | Counted female Base 3 |
|---|---|---|
| Son | 1/2 | 2/3 |
| The intersex heir | 1/2 | 1/3 |
Paid now
Under this method the division is final; nothing is held.
| Heir | Share | Amount |
|---|---|---|
| Son | 2/3 | $160,000 |
| The intersex heir | 1/3 | $80,000 |
Waiting period and what comes next
Ḥanafī: sex is first judged by urination. Under these methods the division is final; what a later clear sign changes is not covered.
Source: al-Ikhtiyār 5/115 (Abu Hanifa)
A religious calculation, not legal advice. A court or registry in your country decides legal validity.
The four methods
Lesser share: each heir takes the case that gives the khunthā less, and the division is final (Abu Hanifa, al-Ikhtiyār 5/115). Half of each: every heir takes the average of the two cases (Muhammad; Mālikī; Ḥanbalī). Abu Yusuf: the khunthā takes three quarters of a male’s portion beside a male of the same class. Certain share: each heir is paid the lesser of the two cases and the doubtful rest is held until the sex becomes clear (Shāfiʿī, al-Rāfiʿī 6/532-534). With one son and a khunthā child these give 2/3 and 1/3; 7/12 and 5/12; 4/7 and 3/7; and 1/2 and 1/3 with 1/6 held.
The four schools
| School | Rule | Source |
|---|---|---|
| Ḥanafī | Abu Hanifa: the lesser of the two shares. Muhammad and Abu Yusuf: half of each, worked out differently. | al-Ikhtiyār 5/115 (Abu Hanifa) |
| Mālikī | Half of a male’s and half of a female’s share (the mashhūr). Another view holds the division until the sex is clear. | al-Muqaddimāt al-Mumahhidāt 3/148; al-Maʿūna 3/1657; al-Dasūqī 4/491-493 |
| Shāfiʿī | Everyone is paid the certain share; the doubtful part is held while the sex may become clear. | al-ʿAzīz Sharḥ al-Wajīz (al-Rāfiʿī) 6/532-534 |
| Ḥanbalī | Half of each. While the khunthā is young, certain shares are paid and the rest is held until adulthood. | al-Mughnī 6/335-337; Zād al-Mustaqniʿ p. 156 |
Statutes
Kuwait: the khunthā mushkil takes the lower of the two states and the rest goes to the other heirs (Law 51/1984 art. 334, unofficial copy). Egypt: Law 77/1943 art. 46 is listed as the khunthā article, but its wording was not read.
A clear sign comes first
If the sex is known, by urination or by a clear sign at adulthood, the heir is entered as a son or a daughter in the main calculator and none of these methods applies. Under the Ḥanbalī rule a young khunthā’s rest is held until adulthood; if no sign appears, or the khunthā dies first, half of each applies (al-Mughnī 6/336-337).
Not covered
These points have no source in the notes this calculator follows, so they are not computed.
- Ḥanafī and Mālikī: what a clear sign appearing later changes in a division already made.
- Shāfiʿī: the signs that settle the sex (in the purification chapter, not read); Ḥanbalī: the two narrations from Aḥmad.
- Morocco and Tunisia have no khunthā article; Egypt art. 46, Syria and Jordan were not read. The al-Thawrī method over 9 is not offered.